Damages and other Remedies (covering Covid-19) [2020]

Watch the 2020 trailer:-

It focuses on breach of contract measures and differentiates between expectation losses and losses to date (reliance losses). Breach of warranty measures as well as assessing the cost of cure are considered. The claimant’s position as well as the defendant’s position will be compared in their respective arguments as to damages.

The course will also review the latest developments in negligence and tort damages. This includes losses relating to land, and whether such losses fall within the scope of duty pleaded. The principles of remoteness and causation will be reviewed. The latest up date cases on Saamco as a defence and the timing of the calculation of the loss as well as mitigation will be considered.

The loss of a chance and multiple defendants will also be considered.

The remainder of the course will focus upon the use of non-financial remedies including declaration, rescission and specific performance.

There will be an opportunity to update on force majeure and the impact of covid 19. Examples of whether a claim in frustration can be made will be covered.

Finally the pitfalls of termination will be examined by reference to recent mistakes.

Learning objectives:

• to identify new cases on damages
• to update knowledge of substantive remedies and how to use them
• to review how to apply for remedies
• to revise the calculation of schedules of loss
• to manage the current Covid 19 crisis in litigation
• to avoid mistakes